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Federal Circuit Holds Antibody Patents Invalid For Failing to Disclose Representative Species For Claimed Genus

Federal Circuit holds antibody patents invalid for failing to disclose representative species for a claimed genus: Moreover, the ’128 and ’485 patents do not describe any common structural features of the claimed antibodies. The asserted claims attempt to claim every fully human IL-12 antibody that would achieve a desired result, i.e., high binding affinity and neutralizing activity, and cover an antibody as different as Stelara, whereas the patents do not describe representative examples to support the full scope of the claims.

Payam Moradian and Jacob Zodieru

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